The Clockwork Chartophylax

Dr Eoin O’Dell, a senior lecturer at the TCD School of Law summarises the legal aspects of Cowangate.The long and the short of it is that the only thing that the artist could possibly be in the wrong over is a trivial charge of criminal damage, and even that is not certain as there’s an argument that the galleries are public spaces.

So – the charges of indecency and incitement are entirely spurious, the charge of damage groundless at best, trivial at worst.

Why, then, was Garda time wasted on this and, more importantly, who authorised it? This is a political, rather than legal question. Is the government more concerned about harassing artists than uncovering wrongdoing in our banks or cracking down on murderous drug gangs? That question needs to be put to Brian Cowen and his ministers.

Why – given there was no legal reasons to do so and plenty of legal and constitutional reasons not to – did RTE decide to pull their report on the paintings? The news this morning is that they were going to pull it even before the Government Press Office got to them (because they know the sound of their master’s voice obviously).Who made that decision and on what grounds? And how, given that decision, can RTE credibly claim to be an independent media organisation?

It needs to be called out, and highlighted that RTE is no longer (if it was ever) a reliable source of unbiased news. It is an orifice of the Government Press Office (and by extension Fianna Fail). And I don’t know about you, but that’s not what I pay a TV licence to support. The RTE management responsible for this outrageous act of cowardice need to be named, shamed and forced to resign in disgrace. They are government sockpuppets, plain and simple.

Above all – remember that the only credible crime here is driving a nail into the wall of a public gallery (if that’s even a crime). Everything else is undemocratic stifling of free speech in this country. Remember that when FF and RTE send their damage control teams out to spew nonsense and faux outrage about decency and offence to Brian Cowen and his family. It’s all spin, bullshit and gombeen ass-covering.

Update: Twenty Major’s Art Review of the paintings is 24 caret comedy gold. Required listening.

Update II: Cue faux outrage…

Irish Independent:

However, Fianna Fail TD Mary O’Rourke said on Newstalk radio yesterday: “I didn’t like what I saw. It was bordering on obscenity.”

Well, Mary, you’re entitled to your opinion (even if it’s a load of crap), but as an elected representative, you of all people should understand that you can’t enforce it on the free press.

Elsewhere in the Indo’s report, the Gov. Press Office seem to be building firewalls between themselves and the story – hanging the blame for pulling the RTE report on RTE News and saying they had nothing to do with siccing the Gardai on Casby.

The Irish Independent understands it is unlikely Mr Casby will be formally charged over the prank. It is believed gardai were contacted by one or both of the galleries, and not by Mr Cowen.

Meanwhile, both RTE and the Government yesterday maintained the broadcaster had decided to apologise for the nature of a television news report on the paintings before a complaint was received from the Taoiseach’s office.

Jaysus, the director of the National Gallery has some pull if he can get the Gardai leaping into action like they did yesterday. He’s clearly in the wrong job. Quick, appoint Raymond Keaveney as head of the Fraud Squad or the CAB! Ireland will be crime free in a fortnight.

RTE seem to be positively revelling in their prudish reflexive spinelessness:

RTE spokeswoman said the station’s managing director of news, Ed Mulhall, had decided the item was inappropriate, even as it went out.

“Within the time it was broadcast, RTE News itself deemed it in bad taste and inappropriate, and already was making decisions that it wouldn’t be broadcast… on the later broadcast on RTE Two,” she said.

She said an apology would have been made even if complaints had not been received.

So, Mr Mulhall – did you really decide to pull the story before the Gov. Press Office got on the blower to you?

If so, on what credible grounds did you pull story? Explain please, showing your work.

Please also explain, Mr Mulhall, why you should keep your job as managing director of news when your commitment to unbiased news coverage seems to be questionable at best, and when you have brought the reputation and independence of RTE News into such disrepute?

Update III:

Vincent Browne and panel (8.30 mins in) whip themselves up into a froth of tut-tutting fauxrage about how terrible RTE were in showing lingering shots of poor Brian’s belly in the pulled report. Vincent found it “deeply offensive” that RTE panned down and lingered lovingly over Brian’s painted torso (which is somewhat unkind of him – Brian has a lovely belly). “If they did it on a woman,” splutters Browne “there’d be outrage!” Well there’s a difference between doing it on a random woman and the head of the Irish government. Even if Mary Harney were running the country, she wouldn’t be immune to caricature and criticism.

Browne also seemed to have no problem with the Government Press Officer leaning directly on RTE and thinks that any suggestion of interference with RTE is “mad”. While the government should have as much a right as anyone to complain to RTE, they should surely follow the same channels as the rest of us. I doubt if I ring up RTE to complain about their spinelessness, I’d get through to the Director General. But who am I, only a bloody TV Licence payer?

Browne has form on putting limits of freedom of expression (ironic, given his past) – he thinks blasphemy shouldn’t be protected as free expression (as indeed it isn’t under the Irish Constitution, something that no doubts gives him comfort and solace). Browne seems to think that speech should be free as long as you don’t offend anyone.

Sean Healy from the Conference of the Religious in Ireland (the web site of which ironically has this as its thought for the day: “I disapprove of what you say, but I will defend to the death your right to say it”) thought it was a “disgrace and totally unnecessary”.

Joe Durkin, an economist, thought the report was “grotesque”, but at least had enough of a theory of mind to understand that other people’s opinion might differ.

Healy then snorted something about the protecting “basic dignity of the human person”, which is abject nonsense. Painting a caricature of a public figure and showing it on TV is an offence against the basic dignity of the human person on Planet Healy. Look out, Martyn Turner, The Conference on the Religious in Ireland will have you up before the ICC in the Hague for crimes against humanity before you can sharpen your pencil.

Finally, Patricia Callan of the Small Firms Association sniffed dismissively about the lengths that some people would go for ratings , RTE clearly not falling under the definition of a small firm.

Jesus, if you could only generate energy from self-righteousness, we’d be able to power the country for a century from that two minute segment.

Posted on March 26th, 2009 under Ireland, meija, politics • Tags: cowan, cowangate, free speech, gubu, humour, law, media, picturegate, rte, spin. • RSS 2.0 feed • Leave a response, or trackback